Posted by GL on January 27, 2000 at 11:01:52:
FYI: Interesting article for landlords. - Posted by chris
Posted by chris on January 26, 2000 at 02:10:24:
I ran across this and thought it might interest you investors with tenants:
Our city of Coos Bay, Oregon has been petitioned by a small group to
have properties declared “chronically disorderly” if 4 or more alleged
violations of local or state ordinances occur within a 180 day period.
Punishment to the owners includes closure of the property for 3 mo. to 1
year, $750/day fine and all city costs. Before owners can appeal the
closure they must post a 100% bond of the appraised value of the
property and if they fail to an additional offense during the coming
year, their property is forfeited!
The punishment is directed toward the property owners and not the
offending tenants as a civil matter where no jury is involved and only
the “preponderance of the evidence” in the mind of a bureaucrat is
required. The city and their police department are then enriched by the
seizure like a bounty or commission.
This ordinance was temporarily put on hold as a result of our Rental
Owners Association complaints, but a public hearing was scheduled.
The spread of “forfeiture” actions against property is a scourge
that could become a nationwide problem for all rental owners. If you
would bring this issue to wider attention we would appreciate it greatly.
Anyone reading this can contact me for more detailed information
and I’ll be glad to send you a copy of the proposed ordinance.
Very truly yours
William J. Wright, Professional Engineer
Past president, Rental Owners’ Association
Coos Bay, Oregon
ph. 541 267 2588
Re: FYI: Interesting article for landlords. - Posted by Steve (FL)
Posted by Steve (FL) on January 26, 2000 at 13:02:47:
Cool. Does this mean my mortgage servicer is responsible for my personal behavior? This is the most absurd thing I’ve (almost) ever heard of.
E-Mail for Mr.Wright - Posted by Chris
Posted by Chris on January 26, 2000 at 11:21:38:
The email for William J. Wright is email@example.com
Re: FYI: Interesting article for landlords. - Posted by Rob FL
Posted by Rob FL on January 26, 2000 at 10:12:06:
I have read about this in the Mr. Landlord email. Most likely this violates the 8th Amendment to the U.S. Consititution (Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.) Many forfeiture laws have been declared unconstitutional because of the punishment not fitting the crime. If they dragged me into court, I would use that as one of my defenses.
Re: FYI: Interesting article for landlords. - Posted by GL
Posted by GL on January 26, 2000 at 09:46:33:
Do they also give you total power to dictate your tenants’ behavior, force them to obey the law, punish them at will, and evict them instantly ?
If the owner has no power to enforce the law, what good will it do to punish him for not enforcing it? None.
If they made it the law that the police, judges and lawyers were responsible for the people’s behavior it would at least make a little sense. it would be a barbaric throwback to the feudal system but it would at least be logical.
Let’s see the police, prosecutors and judges lose their homes, money and other property every time one of their “clients” messes up. It would make for an “interesting” legal system.
Yes I am being sarcastic. This is one of the most ridiculous things I have ever heard of.
Have these people never heard of civil rights, due process of law, or the constitution?
What about 14th amendment “due process”? Any lawyers out there want to comment on this? (nt) - Posted by mikeb(sc)
Posted by mikeb(sc) on January 26, 2000 at 19:25:25:
Re: What about 14th amendment “due process”? Any lawyers out there want to comment on this? (nt) - Posted by Rob FL
Posted by Rob FL on January 27, 2000 at 07:57:52:
It was my understanding from Mr. Landlord’s newsletter, that the forfeiture is done via a court proceeding and thus due process would be required.
My argument for violating the 8th amendment is that it would be kind of like giving a person the electric chair for running his 4th stop sign in 180 days.